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DOWTHITT v. JOHNSON

No. 00-20159.

230 F.3d 733 (2000)

Dennis Thurl DOWTHITT, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Revised November 21, 2000.

Attorney(s) appearing for the Case

Helen J. Beardsley (argued), Austin, TX, Thomas Joseph Saunders, Baltimore, MD, for Petitioner-Appellant.

Edward Larry Marshall, Austin, TX, for Respondent-Appellee.

Before KING, Chief Judge, and HIGGINBOTHAM and STEWART, Circuit Judges.

KING, Chief Judge:

Texas death row inmate Dennis Thurl Dowthitt appeals from the district court's denial of habeas corpus relief. In order to obtain review of his claims, Dowthitt seeks a certificate of appealability (COA) from this court, pursuant to 28 U.S.C. § 2253(c)(2). We deny Dowthitt's request for a COA.

I. FACTUAL AND PROCEDURAL BACKGROUND

At Dowthitt's trial, the State presented evidence that Dowthitt and his son, Delton Dowthitt ...

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